SB 12: When The Charlatans Go Marching In - Granite Grok

SB 12: When The Charlatans Go Marching In

“Charlatanism of some degree is indispensable to effective leadership.”  – Eric Hoffer

Chief Droulet smallThe New Hampshire Association of Chiefs of Police has grave concerns about SB 12….Grave, I tell ya. The concern is over the definition of, “firearm.” The Chiefs believe the bills use of the word “firearm”  will confuse long guns with handguns.  Really? Are not handguns, “firearms?” and are not rifles and shotguns, “firearms?”

It would appear the NHACOP concerns is much ado about nothing…honestly.  What is concerning is this recurring pattern of police in New Hampshire to over define some aspect of the law that ends up being an overreach.

Take the case of  State of N.H. v. Oriol Dor, decided May 7, 2013.  On May 8, 2012, Manchester Police searched the Dor’s vehicle finding a .40 caliber pistol adjacent to a loaded magazine in the vehicle’s glove compartment. Despite no cartridge in the chamber or a magazine in the magazine well, The State charged Dor with carrying a loaded pistol without a valid license.

The State argued that the meaning of “loaded” should be expanded further to include a pistol or revolver that does not contain any cartridges but that is located near a detachable magazine or clip that contains cartridges.

The high Court held that in order for a pistol or revolver to be considered “loaded” within the meaning of RSA 159:4, the pistol or revolver must contain a cartridge in the chamber or must contain a magazine, cylinder, or clip inserted in or otherwise adjoined to the firearm such that the firearm can be discharged through normal operation.

In short, Police agencies applied its own expanded and broad definition of “loaded gun” to advance a legal principle and made a subsequent arrest. The Supreme Court throttled them back.  This is an example where statutory overreach played out in the judicial system.

Enter Senate Bill 12 where Granite State Law Enforcement comes before the general court and makes ambiguous, the definition of a firearm. The larger problem for their argument is that RSA 159:4 DEFINES firearm for the purposes of the statute. It is abundantly clear and unambiguous.

So what is this all about? The answer is pretty simple. NHACOP has long argued against second amendment bills. That is not likely to change, either. They will continue to argue against certain second amendment rights.  If we look back to 2010 when Senate Bill 88 was in play (stand your ground). Manchester Chief David Mara and Attorney General Michael Delaney took to the streets with messages and ominous warnings that the streets will run red with blood and drug dealers and gangsters will use the law to avoid prosecution of their criminality.

The House and Senate overrode the Governor’s veto and SYG became law. Here we are nearly seven years later. The streets didn’t run with blood and drug dealers and gangsters didn’t have shoot outs. Several more bills have come and gone and we’ve heard the same sort and quality of drivel from the Granite State Chiefs. The only question that remains is when does this organization finally achieve Charlatan status for these rants?

I am a former Police Officer. I worked in a small community. To do my job effectively, I had to rely on the trust of the citizens I served. Likewise, they had to know I trusted them.  I am not struck with an overarching sense that New Hampshire’s Police Chief’s trust the public they serve. I, however, am fortunate. Living in Manchester, we have a great Police Chief in Enoch Willard. Well engaged with the community, plain spoken, and humble. A tribute to the profession on many levels.

Senate Bill 12 presents an opportunity to give citizens Constitutional Carry. To support the bill would have been a way for NHACOP to acknowledge the trust they have in the law-abiding citizens in their communities. Most people desire to do the right thing. The Chiefs full well know that no gun law anywhere restrains a criminal from carrying a gun if that is what he or she sets out to do. There are nine federal prohibitions in 18 United States Code, §942 making it illegal for a prohibited person to own, possess or be in active control of a gun. It’s pointless to argue and deliberate over the efficacy of any permit or licensing system because criminals ignore such laws anyway.

It’s time to call Your local Representative and have this one last conversation before voting on this bill. Remember, the chiefs here are wrong this time. They are once again overreaching by trying to convince people that the bill crafted implies long gun use. Oriol Dor is the track record for law enforcement’s overreach once again.

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